Hart–Agnew Law
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The Hart–Agnew Law was an anti-
gambling Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three el ...
bill passed into law by the
Legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
of the
State of New York New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state ...
on June 11, 1908. It was an amalgam of bills enacted as Chapter 506 and 507 which were sponsored by
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
Assemblyman
Merwin K. Hart Merwin Kimball Hart (June 25, 1881 – November 30, 1962) was an American lawyer, insurance executive, and politician from New York (state), New York who founded the "National Economic Council" and was "involved in controversial matters througho ...
and
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
Senator George B. Agnew. For more than a decade, moral activists, including the
YMCA YMCA, sometimes regionally called the Y, is a worldwide youth organization based in Geneva, Switzerland, with more than 64 million beneficiaries in 120 countries. It was founded on 6 June 1844 by George Williams (philanthropist), Georg ...
, had demanded New York enact legislation similar to that passed in 1898 by the state of
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
which banned both gambling and horse racing. Newly elected Republican Governor of New York
Charles Evans Hughes Charles Evans Hughes Sr. (April 11, 1862 – August 27, 1948) was an American statesman, politician and jurist who served as the 11th Chief Justice of the United States from 1930 to 1941. A member of the Republican Party, he previously was the ...
advocated changes to gambling laws and in January 1908 he recommended the repeal of the Percy–Gray Law of 1895 and its replacement with strict new anti-gambling legislation that would provide substantial
fines Fines may refer to: * Fines, Andalusia, Spanish municipality * Fine (penalty) * Fine, a dated term for a premium on a lease of land, a large sum the tenant pays to commute (lessen) the rent throughout the term *Fines, ore or other products with a s ...
and a prison term for those convicted of betting.


Effect on horse racing

Although the Hart–Agnew law was regularly referred to as the anti-racing law, horse racing did continue under the interpretation that oral betting between patrons was still legal. However, Governor Hughes ensured the law was strictly enforced and on June 15, 1908, ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' reported that 150 police officers plus more than fifty in plain clothes arrived at
Gravesend Race Track Gravesend Race Track at Gravesend in Brooklyn, New York was a Thoroughbred horse racing facility that opened in 1886 and closed in 1910. The track was built by the Brooklyn Jockey Club with the backing of Philip and Michael Dwyer, two wealthy raci ...
on Coney Island to uphold the new law. Their instructions were to arrest men who congregated in groups of more than three and arrest anyone who was seen writing anything on a newspaper, a racing program or even a piece of plain paper that might be construed as betting. Despite opposition from prominent owners such as August Belmont Jr. and
Harry Payne Whitney Harry Payne Whitney (April 29, 1872 – October 26, 1930) was an American businessman, thoroughbred horse breeder, and member of the prominent Whitney family. Early years Whitney was born in New York City on April 29, 1872, as the eldest son ...
, reform legislators were not happy that betting was still going on at racetracks and they had further restrictive legislation passed by the New York Legislature in 1910 that made it possible for racetrack owners and members of its board of directors to be fined and imprisoned if anyone was found betting, even privately, anywhere on their premises. After a 1911 amendment to the law to limit the liability of owners and directors was defeated, every racetrack in New York State shut down. The economic ramifications were substantial and especially hard hit was the town of
Saratoga Springs Saratoga Springs is a city in Saratoga County, New York, United States. The population was 28,491 at the 2020 census. The name reflects the presence of mineral springs in the area, which has made Saratoga a popular resort destination for over ...
, where entrepreneurs had made substantial investments in a variety of businesses to serve the racing industry and its patrons. Numerous Saratoga businesses went
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, hotels suffered a sharp decline in guests, and real estate values collapsed. Owners, whose horses of racing age had nowhere to go, began shipping them and their trainers to England and France. Many ended their racing careers there, and a number remained to become an important part of the European horse breeding industry. ''Thoroughbred Times'' reported that more than 1,500 American horses were sent overseas between 1908 and 1913 and that of them, at least 24 were either past, present, or future Champions.


Aftermath

Due to the turmoil surrounding the industry following the closure of the New Jersey racetracks in 1898, a number of top American jockeys such as Guy Garner, Tod Sloan,
Danny Maher Daniel Aloysius Maher (October 29, 1881 – November 9, 1916) was an American Hall of Fame jockey who also became a Champion jockey in Great Britain. U.S. riding career Danny Maher commenced his career at the age of 14, weighing 65 pounds. He ...
, Skeets Martin, Winfield O'Connor, Frank O'Neill,
John Reiff John "Knickerbocker" Reiff (1885–1974) was an American flat racing jockey, whose greatest successes came in Great Britain where he won three Classics. Reiff came to England with his older brother Lester to ride for the American trainer Eno ...
,
Lester Reiff Lester Berchart Reiff (1877–1948) was an American jockey who achieved racing acclaim in the United Kingdom in the first decade of the twentieth century. In 1900, he was the number one jockey racing in Britain based on earnings, beating ot ...
, and
Nash Turner Nash Turner (1881–1937) was an American Hall of Fame jockey who competed in Thoroughbred horse racing in the United States and France. A native of Texas, Nash Turner began his professional riding career in 1895 and by 1900 was one of the top te ...
had already gone to Europe to continue horse racing. With the closure of the New York tracks, more top jockeys left the country. By 1917 the large majority of jockeys and trainers returned to the United States but several never did. Racing returned to New York in 1913 after a New York court ruled that oral betting was legal as the Hart–Agnew law only covered
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s. Owners were tentative at first, but the economic impact on New York State was such that legislators left the industry alone. The
Brighton Beach Race Course The Brighton Beach Race Course was an American Thoroughbred horse racing facility in Brighton Beach, Brooklyn, New York, opened on June 28, 1879 by the Brighton Beach Racing Association. Headed by real estate developer William A. Engeman, who owne ...
,
Gravesend Race Track Gravesend Race Track at Gravesend in Brooklyn, New York was a Thoroughbred horse racing facility that opened in 1886 and closed in 1910. The track was built by the Brooklyn Jockey Club with the backing of Philip and Michael Dwyer, two wealthy raci ...
, and the Sheepshead Bay Race Track were never able to reopen.


References

{{DEFAULTSORT:Hart-Agnew Law New York (state) statutes Gambling regulation in the United States 1908 in American law 1911 in American law Horse racing in New York (state) 1911 in New York (state)